At a Senate Judiciary Committee hearing prior to the Congressional recess, Sen. Ashley Moody (R-FL) spoke to witnesses about protecting children from digital harms.
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NewsTranscript
00:00just quickly answer that.
00:01Sure.
00:02Well, these are products.
00:03So strict liability should apply here.
00:06If these companies have created a defective product,
00:10then all users should be able to sue them
00:14without having to even prove a duty
00:16if the product injured them.
00:22Thank you, Senator.
00:23Appreciate you being here today.
00:25I have been so impressed with this committee.
00:29I am a senator all of four weeks, so get ready.
00:33I bring to it with an array of passions I have acquired,
00:36not just as an attorney general,
00:38but as a mother of a teenager right now.
00:41And I'm so impressed with the topics
00:42that we have focused on, and specifically this one.
00:45It was shocking to me that the Senate
00:47was able to move forward pretty unanimously
00:50on some protections for children,
00:52and they ran right into the house
00:53that did not go along with some of those things,
00:55and I'm hoping that we can change that.
00:58As attorney general, obviously I fought in court
01:01against many of the platforms.
01:03I investigated platforms for harms to children.
01:07I am the mother dealing with this now.
01:09In fact, I tell people all the time,
01:10it is really hard to be one of the first generations
01:13of parents trying to parent children,
01:16and we don't understand what we're doing
01:18because we don't understand the technology
01:19to the degree they do.
01:21In fact, when I'm going through some of the controls,
01:25I often have to ask my kid what that means,
01:28which seems to defeat the purpose, but here we are.
01:31And while I can break down what we're addressing today
01:34by privacy concerns of children, certainly,
01:37harm to children, whether that is mental affects,
01:41addiction, or materials that they never
01:44would have been exposed to in the past,
01:45but they now have ready access to,
01:48one of the things I wanna talk about quickly
01:49is the access to our children by predators and bad actors.
01:54I think this is this third lane
01:56that we read about repeatedly in the paper
01:58every single day in my state,
02:02from doctors to predators to you name it,
02:05they are getting access to our children,
02:07and parents in the past
02:07could lock our children's bedroom doors
02:09and know they were safe at night,
02:10but that is not the reality anymore.
02:14In fact, in my own child's school,
02:16there were five teenage boys.
02:18A woman was arrested for posing as one
02:21and luring them and molesting them online,
02:23I think using Snapchat and TikTok.
02:26And of course, when you engage with the platforms,
02:29they will often deny that this is happening.
02:32But it is happening.
02:33And the best people that can represent that
02:35are the parents where it's happening
02:38to their children in their homes
02:40while they thought they were safe.
02:41And so I really commend you as a fellow parent,
02:47Mr. Guffey, for taking your pain,
02:49channeling that into just frustration and anger,
02:52because that is what is going to get
02:54the attention of lawmakers.
02:57I mean, we've tried to get the attention of the platforms.
03:00We've talked a lot about what needs to be done
03:02to force some restrictions and them acting on their own.
03:07But we need to talk about what needs to be done through laws
03:10and what I'm specifically concerned about.
03:12And I would open this up
03:13to whoever wants to answer this question.
03:16What is the thing that we can do as lawmakers right now
03:20to stop predators from getting access to our children?
03:25I can go, okay.
03:27Let me step down there and then we'll come to you.
03:28I wanna use this as an example,
03:30because the comment was made that
03:32we essentially have different laws for the outside world
03:35than we do from the inside world.
03:36If I had a storage facility
03:38and I stored only guns in there,
03:40and you as attorney general,
03:42and someone was breaking the law,
03:45and I said, okay, the majority are law-abiding citizens,
03:49but we also have terrorists
03:50and we're gonna store guns for criminals.
03:52And if I told you that you had to have the digital ID
03:56to get into that locker, you'd think that's ludicrous.
03:58But that's exactly the way that we treat CSAM.
04:01I mean, to me, I believe that if you're housing CSAM,
04:04you should be held responsible.
04:06But nothing is gonna change until we open up civil liability.
04:10These are the world's richest companies
04:12since the inception of man, and yet they are immune.
04:18And I'd say that if you have designed a product
04:21where you are exposing children to predators,
04:25and you can't stop that from happening,
04:27then it's a defective product.
04:29And all a parent or a victim should have to do
04:32to be able to sue you is just to show
04:34that you know about the problem and the extent of it.
04:37And in your experience,
04:39and I understand that this has happened,
04:42when parents have demanded and shown
04:44that this harmful material is online
04:45and demanded that they take it down,
04:47they've now told them about it, they know about it,
04:49and there have been refusals to take it down.
04:51Absolutely, and those cases get thrown out of court
04:54because the online platform says,
04:57well, I didn't know about that specific incident.
05:00Of course they're not gonna know
05:01about that specific incident,
05:02or they're gonna say, I didn't intend
05:04to harm that exact child.
05:06Mr. Pizzurro, I know you have law enforcement experience,
05:09and I'm grateful for that, thank you.
05:10My husband has career law enforcement.
05:13Understanding that predators can now get to our children
05:15through online platforms and online,
05:17what is the number one thing you would recommend
05:19to prevent that that we can do as Congress?
05:21Device-based age verification.
05:24You mentioned parental controls.
05:26If there was a framework for a parent
05:28just to shut the spigot off and make it easy
05:32rather than go through 25 different apps,
05:35the companies have this.
05:37If we can stop it at the device level,
05:39that's where we prevent children
05:41from getting on some of these images
05:42and offenders getting access to those children.
05:46Thank you, and since I am the acting chair,
05:47I don't want to exceed the boundaries of time.
05:51So I will turn it over to Senator Whitehouse.
05:54Thank you, and I understand that I've been given permission
05:56to close out the hearing at the end of my call.